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APHC010150042023

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY,THE TWENTY NINETH DAY OF JANUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 7758/2023

Between:

1. B ARUNA, W/O B.NAGENDRA AGE.34 YEARS, OCC. F.P. SHOP

DEALER OF SHOP NO.1057055, VELTHURUCHENU VILLAGE,

BANGARUPALEM MANDAL, CHITTOOR DIST.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE

SECRETARY CIVIL SUPPLIES DEPARTMENT, SECRETARIAT,

VELAGAPUDI, GUNTUR DIST.

2. THE COLLECTOR CS, CHITTOOR DIST., AT CHITTOOR.

3. THE REVENUE DIVISIONAL OFFICER, PALAMANER TOWN,

CHITTOOR DIST.

4. THE TAHSILDAR, BANGARUPALEM MANDAL, CHITTOOR DIST.

5. M BUJJI W/O M BALAJI, AGED ABOUT YEARS, OCC. F.P.SHOP

DEALER, R/O VELTHURUCHENE VILLAGE, BANGARUPALEM

MANDAL, CHITTOOR DISTRICT. R5 IS IMPLEADED AS PER THE

ORDER OF THIS COURT, DT.30.10.2023 VIDE ORDER PASSED IN

I.A.2 OF 2023.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the

circumstances stated in the affidavit filed therewith, the High Court may be

pleased to issue a writ or direction preferably writ of mandamus declaring the

order issued by the 3rd respondent vide Roc.E/1296/2022 dt.2-3-2023

cancelling the authorization of the petitioner in respect of the of F.P Shop

No.1057055, Velthuruchenu Village, Bangarupalem Mandal, Chittoor Dist.,

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without following the procedure as contemplated under AP State Targeted

Public Distribution System (Control) Order,2018 as illegal, arbitrary, and

violative of principles of natural justice and consequently set aside the said

order dt.2-3-2023 and further direct the respondents to continue the petitioner

as FP Shop dealer as usual and pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated

in the affidavit filed in support of the petition, the High Court may be pleased

to Suspend the operation of the order issued by the 3rd respondent vide

Roc.E/1296/2022 dt.2-3-2023 cancelling the authorization of the petitioner for

the FP Shop No.1057055, Velthuruchenu Village, Bangarupalem Mandal,

Chittoor Dist., by continuing the petitioner as FP Shop dealer, pending

disposal of the writ petition.

IA NO: 2 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated

in the affidavit filed in support of the petition, the High Court may be pleased

to implead the Petitioner as Respondent No.5 in the above Writ Petition and

pass

Counsel for the Petitioner:

1. M MM SRINIVASA RAO

Counsel for the Respondent(S):

1. GP FOR CIVIL SUPPLIES

The Court made the following:

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ORDER

This writ petition is filed questioning the order issued by respondent

no.3 vide Roc.E/1296/2022, dated 02.03.2023 cancelling the authorization of

the petitioner in respect of the F.P.Shop No.1057055, Velthuruchenu village,

Bangarupalem Mandal, Chittor District.

2. Heard Sri M.M.M.Srinivasa Rao, learned counsel for the petitioner, Sri

VineethAppasani, learned Assistant Government Pleader for Civil Supplies, and

Ms.T.Radha Rani, learned counsel, representing Sri Harinath Reddy Soma,

learned counsel for respondent no.5.

3. Sri M.M.M.Srinivasa Rao, learned counsel, while reiterating the

contents of the writ affidavit would contend that the disciplinary proceedings

having been initiated and the impugned orders cancelling the authorization of

the petitioner in respect of the F.P.shop having been passed not on a

separate report but based on the report under Section 6-A of the Essential

Commodities Act, is impermissible under law and therefore, the impugned

order are liable to be set aside.

In support of his contention, the learned counsel placed reliance on the

orders of this Court passed in W.P.No.500 of 2020, dated 08.01.2020.

4. On the other hand, Sri VineethAppasani, learned Assistant

Government Pleader for Civil Supplies, on counter, justified the impugned

or